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Resigned through email. After 1 month company asking money. Remedy?
05-Jun-2023 (In Labour & Service Law)
I was working with a company 3-4 months ago. I left the job for personal reasons. I sent a resignation email to the HR and the concerned party. I was with them for only a month. I did not go to the office after the email that I had sent.
I got an email a month ago saying that I need to pay them Rs. 50-60k and now a notice on the company letter head 3-4 days ago saying I have to pay or else I will have to face the action taken by them.
What should I do?
To guide you in a proper manner, we need to peruse your appointment letter / employment contract.
This contract contains the procedure for resignation and also states the notice period which you need to serve before resigning from the company. Now as you have stated that you did not report to office after sending the resignation email i.e. you did not serve the notice period and therefore the company gets the right to demand the salary for the notice period which you did not serve.
The option available to you is to either settle the matter with the company by paying off the money or send a reply to the legal notice (which we suggest should be drafted by an advocate) wherein you shall have to justify as to why you did not serve the notice period.
If there was no notice period then you are safe and they cannot demand money from you, you can merely send a reply denying the said claim.
Kindly contact us for any further details and action.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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